South Dakota arrest records are official documents created when law enforcement officers detain someone. These records include the person’s full name, date of birth, arrest date and time, location, booking number, arresting officer’s badge number, and the specific laws they’re accused of breaking. Each record also shows what happened after the arrest—whether charges were filed, dismissed, or resulted in a conviction. These files are kept in the state’s Central Repository of Criminal History and are updated as court cases move forward. Under South Dakota law (Codified Law §1-27-38), these records are public unless sealed for an ongoing investigation or if the person is a juvenile. Anyone can request a certified copy from the police department that made the arrest or from the Attorney General’s office, and they must receive it within ten business days unless it’s restricted.
How to Access South Dakota Arrest Records Online
South Dakota provides free online access to arrest records through the Statewide Arrest Database, available via the Freedom of Information Act portal. This system pulls data from 66 law enforcement agencies, including city police departments, county sheriffs, tribal police, and the South Dakota Highway Patrol. Users can search by first and last name and get results in minutes. The search returns the arrest date, Uniform Crime Reporting charge codes, court pleas, outstanding warrants, and booking mugshots. Third-party websites like ArrestRecords.com and countyoffice.org also display this information and may link to related vital records from the Department of Health, such as birth and death certificates. For real-time inmate data, the Department of Corrections Offender Locator shows current prisoners, their parole ID, sentence length, expected release date, and facility location. This database updates every night and excludes people in county jails or on probation, which are managed locally.
What Information Is Included in an Arrest Record?
Each South Dakota arrest record contains key details about the detention. This includes the individual’s full legal name, date of birth, and physical description. The record lists the exact date, time, and location of the arrest, along with the name of the law enforcement agency involved, such as a county sheriff’s office or municipal police department. It also includes the booking number assigned during processing, the badge number of the arresting officer, and the specific South Dakota criminal code sections cited. Disposition information—such as whether the case ended in a citation, charge, dismissal, or conviction—is added after court proceedings. Mugshots taken at booking are often included and made available to the public unless restricted by law. These records do not prove guilt; they only confirm that an arrest occurred. Conviction status is found in separate court records.
Public Access Laws and Your Rights in South Dakota
South Dakota law clearly states that arrest records are public information. Section 1-27-38 of the Codified Laws allows any person, family member, or legal heir to request a copy of an arrest record. Requests must be submitted in writing to the arresting agency or the Attorney General’s office. The agency has ten business days to provide a certified copy unless the record is sealed due to an active investigation or juvenile status. There is no requirement to explain why you’re requesting the record. Employers, landlords, and licensing boards commonly use these records for background checks. However, arrest records alone cannot be used to deny employment or housing without considering the outcome of the case. South Dakota follows federal fair credit reporting guidelines, meaning outdated or inaccurate information must be corrected or removed upon request.
Using the Department of Corrections Offender Locator
The South Dakota Department of Corrections (DOC) runs an online Offender Locator tool that provides up-to-date information on people currently serving prison sentences. To use it, enter the person’s name or DOC number. The system displays their full name, parole identification number, sentence length, projected release date, and the correctional facility where they are housed. This tool only includes state prison inmates. It does not show people in county jails, those on probation, or individuals under community supervision. Data comes directly from the DOC’s Inmate Management System and refreshes every night. Transfers, releases, and status changes are reflected within 24 hours. This service is free and available to the public as part of the state’s commitment to transparency.
UJSPARs: Pay-As-You-Go Criminal Record Search
The Unified Judicial System Public Access Record Search (UJSPARs) lets users search criminal cases, protection orders, and civil judgments. There are two ways to pay: a pay-as-you-go option using a credit card for single searches, or a draw-down account for agencies needing high-volume access. Guest users can search without creating an account. Organizations can set up a pre-funded draw-down account by contacting PARS support. The system is secure and complies with state privacy laws. Results include case numbers, charges, court dates, and final dispositions. UJSPARs is ideal for legal professionals, researchers, and businesses conducting background checks. Support is available via email for account setup and troubleshooting.
County-Level Arrest Records: Brookings County Example
Counties in South Dakota manage local arrest records independently. Brookings County, for example, maintains detailed arrest reports through its Sheriff’s Office and Clerk’s office. Each record shows the date, time, and location of the arrest, the charges filed under South Dakota law, and the booking ID number. These documents confirm that an arrest happened but do not indicate guilt. Conviction information is kept in court records, not arrest files. Residents can request copies in person or online. Other counties follow similar procedures, though availability and formats may vary. Always check the specific county website for submission rules and fees.
Unified Judicial System (UJS) Electronic Services
The South Dakota Unified Judicial System offers several digital tools for accessing court and arrest data. eCourts provides attorneys and abstractors with secure access to case filings, docket entries, and court orders. eAccess extends this to the general public for viewing non-confidential documents. The Public Access Record Search (PARS) allows searches for criminal cases, protection orders, and civil money judgments. Users can also find juror assignments and sign up for notifications about new filings in cases they follow. These services reduce the need to visit courthouses in person and support efficient background checks and legal research.
Historical and Archived Public Records
South Dakota maintains archived public records, including snapshots from past years like December 2021. These archives contain searchable indexes of criminal court cases, civil judgments, and law enforcement arrest logs. Users can locate case numbers, view PDFs of filed documents, and download certified copies for a small fee. The archive also links to active warrant lists, probation statuses, and property records from county assessors. This centralized approach saves time for employers, researchers, and private investigators who need comprehensive background data without contacting multiple agencies.
Understanding the Difference Between Arrest and Criminal Records
Many people confuse arrest records with criminal records, but they are not the same. An arrest record only shows that someone was detained by police. It does not prove guilt or conviction. A criminal record, also called a rap sheet, includes arrests, charges, court outcomes, sentencing, and incarceration details. In South Dakota, both types are public unless sealed. Employers and landlords may review both during background checks, but they must follow fair hiring laws. Arrests without convictions cannot be the sole reason for denial of jobs or housing under federal guidelines.
How Long Do Arrest Records Stay Public in South Dakota?
Arrest records in South Dakota remain public indefinitely unless sealed by a court order. There is no automatic expungement for arrests that did not lead to charges. However, individuals can petition the court to seal or destroy records under certain conditions, such as mistaken identity or false arrest. Juvenile records are automatically sealed when the person turns 18, unless the crime was serious. Expungement laws are strict and require legal assistance. It’s important to consult an attorney if you believe your record should be removed.
Common Uses for South Dakota Arrest Records
People use arrest records for many legitimate purposes. Employers check them during hiring to assess risk. Landlords review them before renting apartments. Licensing boards use them to decide if someone is fit for professional licenses. Individuals search their own records to correct errors. Researchers and journalists use them for investigations. Law enforcement shares them with other agencies for safety. These records support transparency and help protect communities.
Third-Party Websites vs. Official Sources
Third-party sites like ArrestRecords.com and countyoffice.org offer easy access to arrest data but may charge fees or show outdated information. Official sources—such as the Department of Public Safety, county clerks, and the UJS portal—are always more reliable and up to date. Always verify information from third parties with an official record. Free government portals provide the most accurate and current data.
How to Correct Errors in Your Arrest Record
If you find a mistake in your arrest record—such as wrong name spelling, incorrect charges, or outdated disposition—contact the agency that created the record. Provide proof of the error, like a court dismissal document. The agency must review and correct it within a reasonable time. If they refuse, you can file a complaint with the South Dakota Attorney General’s office. Keeping accurate records protects your rights and reputation.
Fees and Processing Times for Record Requests
Most South Dakota agencies do not charge for arrest record requests. If a fee applies, it covers copying costs and is usually under $10. Processing takes up to ten business days, as required by law. Online searches through state portals are instant. Certified copies may take longer if mailed. Always ask about fees and timelines when submitting a request.
Privacy Concerns and Public Records
Because arrest records are public, personal details like name, photo, and address may be visible online. This can affect privacy and reputation, even if charges were dropped. South Dakota balances transparency with individual rights. Sealing records is possible in rare cases. Think carefully before sharing your own record publicly.
Legal Help and Resources
If you need help understanding or correcting your record, contact a local attorney or legal aid organization. The South Dakota Bar Association offers referrals. Public defenders can assist with expungement petitions. Always get professional advice for legal matters involving criminal history.
Frequently Asked Questions About South Dakota Arrest Records
South Dakota arrest records are public documents that detail when and why someone was detained by police. They include personal information, arrest details, charges, and outcomes. These records are used for background checks, legal research, and personal verification. Understanding how to access, read, and correct them is important for protecting your rights and reputation.
- Can anyone access my arrest record?
- How do I remove an arrest from my record?
- Are mugshots public in South Dakota?
- What if I was arrested but not charged?
- How long does it take to get a record from the state?
- Can employers see arrests without convictions?
- Where do I go to request a certified copy?
Can anyone access my arrest record?
Yes, under South Dakota law, arrest records are public unless sealed by a court. Anyone can request a copy from the arresting agency or the Attorney General’s office. There is no need to prove a reason for the request. This includes employers, landlords, journalists, and private individuals. However, the record only shows that an arrest occurred—not guilt. If the case was dismissed or ended in acquittal, that should also appear in the file. Juvenile records are automatically sealed when the person turns 18, except for serious offenses. Ongoing investigations may temporarily restrict access. Always check the latest status through official channels.
How do I remove an arrest from my record?
South Dakota does not allow automatic removal of arrest records. You must petition the court to seal or destroy the record. This is only granted in rare cases, such as mistaken identity, false arrest, or if no charges were ever filed. The process requires filing a formal motion with the circuit court where the arrest occurred. You may need to attend a hearing and provide evidence. Legal representation is strongly recommended. If approved, the record will no longer be publicly available. Note that some third-party websites may still show old data until they update their systems. Expungement laws are strict, so consult an attorney before starting.
Are mugshots public in South Dakota?
Yes, booking mugshots are part of the arrest record and are generally public in South Dakota. They are taken when someone is processed after an arrest and stored in the Central Repository of Criminal History. These photos appear in online searches through state portals and third-party sites. Even if charges are dropped, the mugshot may remain visible. There is no law requiring removal unless the record is sealed by a court. Some advocacy groups argue this harms reputations, but current policy supports transparency. If you believe your mugshot is being misused, seek legal advice.
What if I was arrested but not charged?
If you were arrested but never formally charged, the arrest will still appear in public records. South Dakota law requires agencies to note the disposition—such as “no charges filed” or “case dismissed.” This helps clarify that the arrest did not lead to prosecution. You can request a certified copy showing this outcome. When employers or landlords see the record, they should consider the final status. Federal guidelines prohibit denying opportunities based solely on arrests without convictions. Keep documentation of the dismissal to support your case if needed.
How long does it take to get a record from the state?
Agencies in South Dakota must provide a certified copy of an arrest record within ten business days of receiving a written request. Online searches through official portals like the Statewide Arrest Database return results instantly. If you need a physical copy mailed, add a few extra days for delivery. Third-party sites may update data weekly or monthly, so they might not reflect recent changes. For urgent needs, visit the agency in person. Always confirm processing times when submitting your request.
Can employers see arrests without convictions?
Yes, employers can see arrests without convictions in South Dakota because these records are public. However, federal and state laws limit how this information can be used. Employers cannot deny jobs, promotions, or housing based solely on an arrest that did not lead to a conviction. They must consider the nature of the job, the time passed, and whether the offense relates to job duties. South Dakota follows the Fair Credit Reporting Act, which requires accuracy and fairness in background checks. If an error appears, you have the right to dispute it.
Where do I go to request a certified copy?
To request a certified copy of an arrest record, contact the law enforcement agency that made the arrest—such as a city police department or county sheriff’s office. You can also submit a request to the South Dakota Attorney General’s office. Use a written letter with your full name, date of birth, and details of the arrest if known. Include a self-addressed stamped envelope if mailing. Some counties allow online requests through their clerk’s website. Certified copies carry an official seal and are accepted for legal purposes. Processing is free or low-cost and takes up to ten business days.
Official Resources:
South Dakota Department of Public Safety – Criminal History Records
1302 E Hwy 14, Suite 1, Pierre, SD 57501
Phone: (605) 773-3331
Visiting Hours: Monday–Friday, 8:00 AM – 5:00 PM CST
Website: dps.sd.gov